Doctrine of Proportionality applied to restore GST Registration on the condition of the Taxpayer making complete payment

Last updated: 25 October 2025

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Quick Summary

The Bombay High Court has ruled that permanently cancelling a GST registration due to procedural errors, like not filing returns or paying dues on time, is disproportionate. This is especially true if the taxpayer has since paid all outstanding amounts, including interest and late fees, and complied with court-directed CSR contributions. The court emphasised that such cancellations harm both the taxpayer and the revenue by preventing business and future tax collection.

Court :
Bombay High Court

Brief :
The Hon'ble Bombay High Court in the case of Azaria Corp LLP v. The Deputy Commissioner of State Tax [Writ Petition No. 443 of 2025, order dated September 20, 2025] held that permanent cancellation of GST registration for procedural lapses, such as failure to file returns or timely pay dues, is disproportionate if the taxpayer has subsequently paid all outstanding amounts including dues, interest, and late fees, and made additional CSR contribution as directed by the Court.

Citation :
Writ Petition No. 443 of 2025, order dated September 20, 2025

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